329 results for 'cat:"Employment" AND cat:"Labor"'.
J. St. Eve finds that the lower court properly ruled against the Black postal employee on allegations he was fired for discriminatory reasons. While the employee filed 15 EEOC charges against his supervisors, the evidence supports a finding he was fired for failing to appear at work for months. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: December 15, 2023, Case #: 22-2472, Categories: employment, labor
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J. Battaglia grants class certification as to a minimum wage, overtime, and meal break subclasses in the employees' labor action against the shipyard. Common questions predominate individualized issues in these subclasses. However, certification is denied for the two reimbursement subclasses. The employees offer no way of determining on a class-wide basis when or to what extent class members incurred unreimbursed business expenses. Each class member's claimed expenses would need to be scrutinized individually.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: December 6, 2023, Case #: 3:21cv2122, NOS: Employment - Civil Rights, Categories: employment, Class Action, labor
J. Benton finds a lower court improperly ruled in favor of a labor relations board on unfair labor practices brought by a group of a small business maintenance company employees. The labor relations board argued that it properly terminated 17 maintenance employees after discovering a screwdriver left inside of a jet engine. However, the board's decision may have been based on suspicion. Vacated.
Court: 8th Circuit, Judge: Benton, Filed On: December 6, 2023, Case #: 22-2958, Categories: employment, employment Discrimination, labor / Unions
J. Polster grants the employer's motion to dismiss and compel arbitration, ruling the employment agreements signed by loan officers require all matters of employment, including Fair Labor Standards Act claims, be decided by an arbitrator. Furthermore, the employer's decision to file state court suits against loan officers for recoupment of sign-on bonuses did not constitute a waiver because the bonuses were governed by separate agreements.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: December 4, 2023, Case #: 1:23cv285, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, employment, labor
J. Gwin denies, in part, the employer's motion to dismiss, ruling the female employee's retaliation claim is not barred by claim preclusion. Although an arbitrator ruled in her favor during proceedings with the union, the current claim is based on Title VII, an entirely separate framework.
Court: USDC Northern District of Ohio, Judge: Gwin, Filed On: November 29, 2023, Case #: 5:23cv296, NOS: Employment - Civil Rights, Categories: employment Retaliation, labor / Unions
J. Bagley orders the operators of a now-defunct Queens-based Greek-style restaurant to pay two employees a total of $191,274 in unpaid regular, overtime and spread of hours wages plus liquidated damages after the court found them jointly and severally liable for state and federal labor law violations following a bench trial. The judge found the employers to be less than truthful in their testimonies when it came to details regarding the employees’ compensation and hours worked.
Court: USDC Eastern District of New York, Judge: Bagley, Filed On: November 28, 2023, Case #: 2:15cv5081, NOS: Fair Labor Standards Act - Labor, Categories: employment, Damages, labor
J. Woodcock dismisses former employers’ motion to dismiss claims brought against them by their former employee, who they allegedly failed to properly pay. Terminated employees are not barred from bringing claims under the Maine Timely Payment of Wages statute and it’s unclear if the former employee falls within an exception for salaried employees.
Court: USDC Maine, Judge: Woodcock, Filed On: November 21, 2023, Case #: 2:22cv334, NOS: Other Contract - Contract, Categories: employment, labor
J. Matsumoto enters default judgment against the owner of a Brooklyn-based restaurant on state and federal labor law claims and awards a server and bartender a total of $46,970 in damages after finding it liable for their unpaid minimum, overtime and spread-hours wages.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: November 20, 2023, Case #: 1:22cv7064, NOS: Fair Labor Standards Act - Labor, Categories: employment, Damages, labor
J. Broomes rules the U.S. Department of Labor may pursue overtime violations against a restaurant. The restaurant employees, both servers and line cooks, sufficiently showed in court that the restaurant operator failed to pay overtime wages at the correct rate.
Court: USDC Kansas, Judge: Broomes, Filed On: November 17, 2023, Case #: 6:22cv1004, NOS: Fair Labor Standards Act - Labor, Categories: employment, Contract, labor
J. Lanza grants a class of employees' motion for preliminary certification for Fair Labor Standard Act claims brought against an appliance company. The delivery and installation employees, former and current, sufficiently showed in court that the employer underpaid them after classifying them as independent contractors without prior negotiations.
Court: USDC Arizona, Judge: Lanza, Filed On: November 17, 2023, Case #: 2:22cv798, NOS: Fair Labor Standards Act - Labor, Categories: employment, Class Action, labor
J. Katsumoto enters default judgment against a construction company, finding it liable on claims for unpaid minimum, overtime, spread of hours and untimely wages payment under state and federal labor laws. The court awards the two manual laborers a total of $120,322 in damages, plus pre- and post-judgment interest, attorney fees and costs.
Court: USDC Eastern District of New York, Judge: Katsumoto, Filed On: November 17, 2023, Case #: 1:22cv6050, NOS: Fair Labor Standards Act - Labor, Categories: employment, Damages, labor
Per curiam, the circuit finds that the district court properly dismissed civil rights claims in which current and former city school employees opposed the Covid-19 vaccine mandate. The employees contend the department of education violated due process by enforcing the requirement through suspension or termination, but their unions followed federal arbitration procedures in negotiating terms that included exemption and unpaid leave. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 13, 2023, Case #: 23-655, Categories: employment, Covid-19, labor / Unions
J. Sannes enters default judgment, in part, against a roofing contractor and finds it liable for a roofer’s unpaid overtime wages. The court awards the roofer $9,800 in both compensatory and liquidated damages, plus $2,306 in attorney fees. However, his claim for failure to issue wage notices and statements was dismissed due to lack of standing.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: November 6, 2023, Case #: 1:23cv504, NOS: Fair Labor Standards Act - Labor, Categories: employment, Attorney Fees, labor
[Consolidated.] J. Randolph denies Rite Aid's petition for review of the National Labor Relations Board’s determination it had committed unfair labor practices when it refused to continue to negotiate with the union about the employees' benefit plan and unilaterally instituted its own plan. Contrary to Rite Aid's argument, the parties had not reached an impasse.
Court: DC Circuit, Judge: Randolph, Filed On: November 3, 2023, Case #: 22-1204, Categories: employment, labor / Unions
J. Counts adopts a magistrates report and recommendations, and compels arbitration in a lawsuit between an oil services company and employees who say they were misclassified as independent contractors and underpaid for overtime. Despite objections by employees, this case should first go to arbitration because the workers signed a valid arbitration agreement.
Court: USDC Western District of Texas , Judge: Counts, Filed On: October 31, 2023, Case #: 7:22cv176, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, employment, labor
J. Nardacci grants final approval to a class action settlement agreement to resolve a group of maintenance workers’ unpaid wages lawsuit brought against their employer, a property management company. The employer agrees to pay $175,000, plus a $7,500 service fee and $57,750 in attorney fees, to settle claims that it failed to pay their workers’ straight time wages and overtime compensation.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: October 25, 2023, Case #: 5:22cv207, NOS: Fair Labor Standards Act - Labor, Categories: employment, Class Action, labor
J. Boyle grants a class of migrant farm workers’ motion for certification in this Fair Labor Standards Act suit against their employers, which allegedly did not pay for their temporary work visas, travel or the wage agreed upon for hours worked, and the employers allegedly confiscated the workers’ Social Security cards and passports. The class members have shown sufficient evidence of the employers’ violations of Act and are also granted their motion for disclosure of contact information of potential opt-in class members.
Court: USDC Western District of North Carolina, Judge: Boyle, Filed On: October 25, 2023, Case #: 5:22cv491, NOS: Fair Labor Standards Act - Labor, Categories: employment, Class Action, labor